Guide to Data Protection Act for Data Controllers

What is exempted?

This exemption applies to personal data processed for: 

• the prevention, detection, or investigation of crime;
• the apprehension of prosecution of persons suspected of having committee an offence (anywhere); or
• the assessment or collection of any fees or duties, or impositions of a similar nature (in the Cayman Islands).

Personal data processed for the discharging of functions under any Act and that consists of information obtained from someone who had possession of it for the above purposes is also covered. 

What provisions in the DPA does the exemption relate to?

The first part of the exemption applies to:

• the first data protection principle (but compliance with the conditions in schedules 2 and 3 is required);
• the second data protection principle (purpose limitation);
• the third data protection principle (data minimization);
• section 8 (the access right);
• section 10 (the right to stop or restrict processing); and
• section 14 (the right to rectification).

The second part of the exemption applies to: 

• the first data protection principle (but compliance with the conditions in schedules 2 and 3 is required); and
• section 8 (the access right). 

When does the exemption apply?

The exemption does not automatically apply to all information relating to crime and government fees.

The exemption applies to the extent the application of those provisions would be likely to prejudice the matters listed (crime and government fees). 

Relevant provisions

Data Protection Act (2021 Revision)

Section 19: Exemption relating to crime, government fees and duties